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Second DCA Holds That Circuit Court’s Denial of Appellate Attorney’s Fees is Reviewable by Direct Appeal

In Shazam Auto Glass, LLC v. GEICO General Ins. Co., No. 2d21-383 (Fla. 2d DCA April 13, 2022), the Second DCA held that when a circuit court sitting in its appellate capacity denies a motion for appellate attorney’s fees, that order is reviewable by direct appeal rather than first-tier certiorari. In reaching its conclusion, the Second DCA found that such orders constitute an original decision that has not been subject to judicial review, thereby providing the Court with jurisdiction as a direct appeal under Florida Rule of Appellate Procedure 9.030(b)(1)(A). Read more here.

 

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